12-17-226.5
Section 12-17-226.5 Program requirements; counsel; costs. (a) An offender who enters into a pretrial diversion program established under this division shall be brought before a court of competent jurisdiction and shall satisfy each of the following requirements: (1) Voluntarily waive, in writing, his or her right to a speedy trial. (2) Agree, in writing, to the tolling of periods of limitations established by statutes or rules of court while in the program. (3) If applicable, waive, in writing, his or her right to a jury trial. (b) Prior to entering into any agreement or seeking entry into a pretrial diversion program created pursuant to this division, an offender must be represented by counsel or waive his or her right to have counsel before a judge of a court of competent jurisdiction. If the offender is indigent, nothing in this division shall prevent the court from appointing counsel to represent an offender. (c) An offender who enters a pretrial diversion program pursuant to this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.5.htm - 1K - Match Info - Similar pages
12-17-226.3
Section 12-17-226.3 Standards for admission. (a) In determining whether an offender may be admitted into a pretrial diversion program established under this division, it shall be appropriate for the district attorney to consider any of the following circumstances: (1) If the offender is 18 years of age or older at the time the offense was committed. (2) There is a probability justice will be served if the offender is placed in the pretrial diversion program. (3) It is determined the needs of the community and of the offender can be met through the pretrial diversion program. (4) The offender appears to pose no substantial threat to the safety and well-being of the community or law enforcement. (5) The offender is not likely to be involved in further criminal activity. (6) The offender will likely respond to rehabilitative treatment. (7) The expressed wish of the victim for the offender to participate in the pretrial diversion program. (8) Undue hardship upon the victim. (9) Whether the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.3.htm - 3K - Match Info - Similar pages
12-17-226.10
Section 12-17-226.10 Written agreement; other terms and conditions. (a) In any case in which an offender is admitted into a pretrial diversion program established under this division, there shall be a written agreement between the district attorney and the offender. The agreement shall include the terms of the pretrial diversion program, the length of the program, as practicable as possible, the costs of the program to the offender, and the period of time after which the district attorney must dispose of the charges against the offender. If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular charge or charges and receives a specific sentence, an agreement concerning when the plea of guilt will occur, to what charges to which the offender will plead guilty, and any sentence to be imposed shall be approved by and submitted to an appropriate circuit or district court judge having jurisdiction over the offender within the judicial circuit prior...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.10.htm - 6K - Match Info - Similar pages
12-17-226.17
Section 12-17-226.17 Pretrial diversion offender database. (a) The Office of Prosecution Services shall develop and maintain a pretrial diversion offender database. Any existing or newly created pretrial diversion program, regardless of whether it was established by this division or created by local law, municipal ordinance, or other administrative action, or is an existing district attorney or municipal pretrial diversion program, shall be subject to this section. Upon entry into any pretrial diversion program, the district attorney or municipal prosecutor shall submit information, including the name, date of birth, and identifying personal vital information of a participating offender. The district attorney or municipal prosecutor shall also submit the criminal statute or municipal ordinance violated, a brief description of any underlying qualifying offense, and a brief description of the agreed upon disposition of the offense. If the offender was prematurely terminated from the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.17.htm - 3K - Match Info - Similar pages
12-17-226.8
Section 12-17-226.8 Fees. (a) An offender may be assessed an administration fee when he or she is approved for a pretrial diversion program established under this division. The amount of the fee for participation in the program shall be in addition to any court costs, assessments for crime victim's compensation fund, Department of Forensic Sciences assessments, drug, alcohol, or anger management treatments required by law, restitution, or costs of supervision or treatment. A schedule of payments for any of these fees may be established by the district attorney. (b) The amount of the administration fee shall be determined by the district attorney. The administration fees shall not exceed the amount assessed for a first offense pursuant to Section 13A-12-281(a) for each case for which the offender makes application for acceptance into the pretrial diversion program. (c)(1) An applicant may not be denied access into the pretrial diversion program based solely on his or her inability to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.8.htm - 5K - Match Info - Similar pages
12-17-226.12
Section 12-17-226.12 Violations; waiver. (a)(1) If the offender violates the conditions of a pretrial diversion program established under this division, and the offender's participation is terminated, as an alternative to the imposition of a prison sentence, an offender who has violated the terms and conditions of a pretrial diversion program may be placed under the supervision of an existing community corrections program, or other alternative diversionary program, provided that the supervision is consistent with public safety and the best interests of the offender in furtherance of his or her treatment and rehabilitation in the community. (2) The court and the offender shall be given written notice of the intent of the district attorney to terminate the offender from the pretrial diversion program including the reason for the termination. If the offender is unavailable for notice or has absconded, the district attorney may provide notice of termination from the pretrial diversion...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.12.htm - 1K - Match Info - Similar pages
45-37A-160.06
Section 45-37A-160.06 Program requirements. (a) Following the decision of the city prosecutor to recommend the offender into the pretrial diversion program, but prior to entry, the city prosecutor and the offender shall enter into a written agreement stating the conditions of the participation of the offender in the program. The agreement shall include, but not be limited to, all of the following: (1) A voluntary waiver of the right of the offender to a speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations established by statutes or rules of court. (3) An agreement to the conditions of the program established by the city prosecutor. (4) If there is a victim of the charged crime, an agreement to the restitution repayment within a specified period of time and in an amount to be determined by the city prosecutor taking into account circumstances of the offender and the victim. (5) A waiver in writing of the right of the offender to a jury trial....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-160.06.htm - 4K - Match Info - Similar pages
45-37A-240.26
Section 45-37A-240.26 Program requirements. (a) Following the decision of the city prosecutor to recommend the offender into the pretrial diversion program, but prior to entry, the city prosecutor and the offender shall enter into a written agreement stating the conditions of the participation of the offender in the program. The agreement shall include, but not be limited to, all of the following: (1) A voluntary waiver of the right of the offender to a speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations established by statutes or rules of court. (3) An agreement to the conditions of the program established by the city prosecutor. (4) If there is a victim of the charged crime, an agreement to the restitution repayment within a specified period of time and in an amount to be determined by the city prosecutor taking into account circumstances of the offender and the victim. (5) A waiver in writing of the right of the offender to a jury trial....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-240.26.htm - 4K - Match Info - Similar pages
45-37A-270.26
Section 45-37A-270.26 Program requirements. (a) Following the decision of the city prosecutor to recommend the offender into the pretrial diversion program, but prior to entry, the city prosecutor and the offender shall enter into a written agreement stating the conditions of the participation of the offender in the program. The agreement shall include, but not be limited to, all of the following: (1) A voluntary waiver of the right of the offender to a speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations established by statutes or rules of court. (3) An agreement to the conditions of the program established by the city prosecutor. (4) If there is a victim of the charged crime, an agreement to the restitution repayment within a specified period of time and in an amount to be determined by the city prosecutor taking into account circumstances of the offender and the victim. (5) A waiver in writing of the right of the offender to a jury trial....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-270.26.htm - 4K - Match Info - Similar pages
45-45A-31.25
Section 45-45A-31.25 Program requirements. (a) Following the decision of the city judge to admit the offender into the pretrial diversion program, but prior to entry, the offender shall enter into a written agreement stating the conditions of the participation of the offender in the program. The agreement shall include, but not be limited to, all of the following: (1) A voluntary waiver of the right of the offender to a speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations established by statutes or rules of court. (3) An agreement to the conditions of the program established by the city attorney (4) If there is a victim of the charged crime, an agreement to the restitution repayment within a specified period of time and in an amount to be determined by the city attorney taking into account circumstances of the offender and the victim. (5) A waiver in writing of the right of the offender to a jury trial. (6) A truthful and complete statement by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45A-31.25.htm - 5K - Match Info - Similar pages
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